SB 1110, as amended, Jackson. Arraignment: military and veteran status: forms.
Existing law governs criminal proceedings, including arraignment of the defendant. Existing law also provides alternative sentencing procedures, under specified circumstances, if a court makes a determination prior to sentencing that a defendant who has been convicted of a criminal offense was, or currently is, a member of the United States military and may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of that service, as specified.end delete
Existing law authorizes the board of supervisors of each county to appoint a county veterans service officer to perform veteran-related services, as specified.end delete
This bill would require a court to order that a form identifying the military and veteran status of the defendant be completed whenever a defendant is arraigned. The bill would require that the form be a part of the court file and acknowledged on the record by the court and the defense counsel, if any. The bill would authorize the court to provide a copy of the form free of charge to the county veterans service officer and to the United States Department of Veterans Affairs for verification of the information provided on the form, if necessary. The bill would require the Judicial Council to develop and adopt the form.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
When the defendant
begin delete is brought before the magistrate on a charge of having committed a public offense,
4upon an arrest, either with or without warrant,end delete
begin delete mustend delete
immediately inform begin delete himend delete
7 of the charge against him, and of his right to the aid
8of counsel in every stage of the proceedings.
begin delete Ifend delete
9 it appears that the defendant may be a minor, the
10magistrate shall ascertain whether
begin delete suchend delete is the case, and if the
11magistrate concludes that it is probable that the defendant is a
12minor, and unless the defendant is a member of the armed forces
13of the United States and the offense charged is a misdemeanor, he
14 shall immediately either notify the parent or guardian of
begin delete minor, by telephone, telegram, or messenger,end delete of the
begin delete arrest,end delete or appoint counsel to represent the minor.
Section 977.5 is added to the Penal Code, to read:
(a) Whenever a defendant is arraigned, the court shall
12order that a form identifying the military and veteran status of the
13defendant be completed. The completed form shall be a part of the
14court file and shall be acknowledged on the record by the court
15and the defense counsel, if any. The court may provide a copy of
16the form free of charge to the county veterans service officer and
17to the United States Department of Veterans Affairs for verification
18of the information provided on the form, if necessary.
19(b) The Judicial Council shall develop and adopt the form
20described in subdivision (a) for purposes of this section.